Legal Question in Credit and Debt Law in California

Collections on Auto title loan

I have a title loan going into a charge-off. I don't whant this to happen. The company said that I need to send in an amount that I don't have. If I send in something less then what there asking for can there still take me to court, what can I do to stop this? I don't have what there asking.


Asked on 3/30/09, 8:56 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Collections on Auto title loan

If you fail to repay the loan according to the original terms, then you are in default. As such, they can sue you regardless of what you send (if it is not what is required per the terms of the original agreement). There is no protection from being sued if you send them less-than what they are demanding. As a practical matter, they may delay further collection activity if you send them what you can, but its entirely up to them - they are not bound by anything but the terms of the original agreement.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/31/09, 12:05 pm


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